22 February 2024 Civil Rights >> Civil & Consumer Law   |   Fundamental Rights of Citizen >> Civil & Consumer Law   |   Acquittal >> Criminal Law  

In a recent judgment, the Supreme Court of India addressed the question of whether an applicant must disclose past criminal cases, even if they resulted in acquittal, during the application process. The case involved Ravindra Kumar, who applied for a Constable position but had his selection cancelled for not mentioning a past criminal case (where he was acquitted) in the verification form.

Facts:

• The Petitioner, Ravindra Kumar, applied for the position of constable with the Respondent, the State of Uttar Pradesh.
• In his application form, the Petitioner did not disclose a past criminal case in which he had been an accused. However, the criminal case against the Petitioner had been concluded by his acquittal. Upon discovering the Petitioner’s non-disclosure of the criminal case, the Respondent department cancelled his selection for the position of constable.

Conclusions:

• The Supreme Court of India allowed the appeal filed by the Petitioner and quashed the order of the Respondent department cancelling his selection.
• The Court held that the Petitioner’s non-disclosure of the past criminal case, which had already been concluded by his acquittal, did not amount to a disqualification for the position of constable. The Court also reasoned that requiring disclosure of acquitted criminal charges would be unfair and could discourage individuals from pursuing rehabilitation and reintegration into society.
• The Court further held that the Respondent department was obligated to consider all relevant factors, including the nature of the offense, the character of the candidate, and the verification report, before making a decision regarding the candidate's suitability for the position.
• In the present case, the Court noted that the criminal case against the Petitioner had been acquitted, and the verification report indicated that his character was good and that he was eligible for government service.

This case establishes the legal principle that an individual's acquittal of a criminal charge does not automatically disqualify them from government employment. However, the employer retains the discretion to consider an applicant's criminal history as a factor in the selection process, so long as such consideration is undertaken in a fair and reasonable manner, with due regard to all relevant factors.

  Indian Penal Code, 1860